Terms of Service

Effective Date: March 17, 2025

Actilynk Ltd ("we," "us," or "our"), provides the Actilynk platform (the "Service") to parents, guardians, schools, organisers, and staff (collectively, "Users"). By accessing or using our Service, you agree to comply with and be bound by these Terms of Service ("Terms"). Please read them carefully.

1. Definitions

1.1 Definitions

"Agreement" means these Terms of Service as may be updated by us from time to time.
"Confidential Information" includes all non-public information disclosed by either party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This includes, but is not limited to, business and financial information, trade secrets, and customer information.
"Data" refers to any information entered or uploaded to the Service by you or with your authority, including personal, event-related, and organisational information.
"Documentation" means the online help resources, guides, and any other documentation available through the Service.
"Intellectual Property Rights" include all patents, trademarks, service marks, copyrights, moral rights, designs, know-how, and any other intellectual or industrial property rights, whether registered or unregistered.
"Schools" means verified educational institutions (or their authorised representatives) that use the Service to manage events or confirm student enrolment.
"Organisers" means individuals, companies, charities, and other entities registered with us to create or manage events, receive registrations, provide goods or services, or interact with other users of the Service. This may include Schools acting in an Organiser capacity.
"Payment Gateway" refers to the system we use to process payments on behalf of Organisers.
"Privacy Policy" means our privacy policy available on the Website.
"Service" encompasses all services made available through the Actilynk platform, including any modifications, improvements, or upgrades.
"Software" refers to any software provided through the Service, including mobile applications.
"Users" includes parents, guardians, schools, organisers, and staff accessing the Service.
"Website" means our online platform accessible at www.actilynk.com.

2. Acceptance

2.1 Acceptance of Terms

By using the Service or browsing any part of the Website, you agree to be bound by these Terms, along with any other operating rules, policies, or procedures published by us.

2.2 Changes to Terms

We may update these Terms at any time by providing 15 days' notice. If you do not agree with any changes, your sole remedy is to cease using the Service.

3. Use of the Service

3.1 Right to Use

We grant you a non-transferable, non-exclusive right to access and use the Service for its intended purposes, including browsing the Website, registering for events, and interacting with Organisers.

3.2 Availability

We strive to ensure the Service and Website are available continuously. However, we do not guarantee uninterrupted access and are not liable for any downtime.

3.3 Compliance

You agree to use the Service in accordance with all applicable laws and regulations.

4. User Obligations

4.1 Purpose

You will use the Service solely for its intended purposes and in accordance with the Documentation.

4.2 Account Security

Maintain the confidentiality of your account credentials. Notify us immediately of any unauthorised use of your account. You are responsible for all activities conducted through your account.

4.3 Accuracy of Information

Ensure that all information provided during registration and event participation is accurate and up-to-date.
4.3.1 School Affiliation
If you register for or use the Service on behalf of a School, you represent and warrant that you are an authorised representative of that School. We reserve the right to verify your affiliation by requesting official confirmation, such as an email from the principal or headmaster sent from an official school domain.

4.4 Restrictions

You must not:
  • Infringe Intellectual Property:Infringe upon our Intellectual Property Rights or those of others.
  • Reverse Engineering:Reverse engineer, decompile, or attempt to derive the source code of the Service.
  • Interfere with Service:Interfere with the operation of the Service or disrupt the access of other users.
  • Unlawful Activities:Use the Service for any unlawful, harmful, or fraudulent activities.
  • Upload Harmful Content:Upload or transmit any harmful content, including viruses or malware.
  • Impersonate Others:Impersonate any person or entity or falsely represent your affiliation with a person or entity.

4.5 Verification of Schools and Organisers

We may, at our sole discretion, require any School or Organiser to complete a verification process before using certain features of the Service, including registration creation or student enrolment checks. This may involve providing official documentation, responding to an email from an official school or organisational domain, or any other steps we deem necessary. We reserve the right to deny or revoke access to any School or Organiser that fails or refuses to complete verification.

5. Payment Terms

5.1 Organiser Fees

Organisers (including Schools acting as Organisers) may charge fees for goods or services offered through the Service. These fees are determined by the Organisers and are subject to change at their discretion.

5.2 Payment Processing

Payments for Organiser fees are processed through our Payment Gateway. For users in Thailand, payments are processed via OPN, and for users in other supported regions, payments are processed via Stripe. By using the Service, you agree to the respective payment provider's terms and conditions. You further acknowledge that we share only the minimum necessary information with these providers solely to complete your transaction.

5.3 Refunds

Refunds for payments made to Organisers must be requested directly from the respective Organiser. We provide a feedback and dispute resolution service, but all refund requests are handled between you and the Organiser.

5.4 Late Payments

Interest may be charged on overdue payments at a rate specified by us. Persistent late payments may result in suspension of your access to the Service.

6. Intellectual Property Rights

6.1 Ownership

All Intellectual Property Rights in the Service, Documentation, and any modifications or upgrades remain with us or the respective rights holders. You do not acquire any ownership rights by using the Service.

6.2 License

You are granted a personal, non-transferable, revocable licence to use the Software solely for your internal use in connection with the Service.

6.3 Logo License

By uploading any logos or brand assets to the Service, you represent and warrant that you have the necessary rights to do so and hereby grant Actilynk a non-exclusive, worldwide, royalty-free, irrevocable licence to use, reproduce, distribute, and display such logos solely for marketing, promotional, and other commercial purposes related to the Service.

7. Confidentiality

7.1 Obligation

You agree to keep all Confidential Information received from us confidential and not to disclose it to any third party without our prior written consent.

7.2 Exceptions

Confidential Information does not include information that:
  • Public Information:Is already public at the time of disclosure.
  • Public through No Fault:Becomes public through no fault of yours.
  • Received from Third Party:Is received from a third party without breach of any obligation of confidentiality.
  • Independently Developed:Is independently developed by you without use of our Confidential Information.

7.3 Survival

The obligations of confidentiality shall survive the termination of this Agreement.

8. Data

8.1 Ownership

You retain ownership of all Data you provide through the Service.

8.2 Licence to Use

You grant us a perpetual, worldwide licence to use, copy, transmit, store, licence, and back up your Data for the purposes of providing and improving the Service.

8.3 Use of Data by Organisers

Organisers may access and use your Data to provide goods or services to you and to manage event registrations. By using the Service, you consent to Organisers accessing your Data as necessary.

8.4 Warranties

You warrant that:
  • Right to Grant Licence:You have the right to grant us the licence under these Terms.
  • No Infringement:Your Data does not infringe the rights of any third party.
  • Accuracy:Your Data is accurate and up-to-date.
  • Authority for Minors:If uploading Data on behalf of a minor, you have the authority to do so.

8.5 Removal of Data

We may remove your Data if it does not comply with these Terms or at your request in accordance with our Privacy Policy.

8.6 Security

We implement reasonable measures to protect your Data. However, no method of transmission over the internet or electronic storage is entirely secure.

8.7 Third-Party Applications

The Service may integrate with third-party applications. Your use of these applications is subject to their respective terms and conditions, and we are not responsible for their content or practices.

8.8 Analytics and Statistics

We may compile statistical and analytical reports based on aggregated, anonymised Data to improve the Service. These reports do not identify individual users.

8.9 School Enrollment Verification

When you indicate that a student is currently enrolled in a School, we may attempt to verify the student's enrolment by sharing the following details with the School: name, date of birth, and year group (collectively, "Basic Student Information"). This is done solely to confirm enrolment, and such information is only shared with Schools that have completed our verification process (see Section 4.5).

8.10 Central Data Management and Data Reuse

Actilynk is designed as the central platform for managing your registration Data. When you register for an event through our Service, your Data is securely stored by Actilynk. With your consent, this Data may be reused to streamline and expedite future registrations with other organisations using our Service. By using the Service, you acknowledge and consent to this centralised data management and reuse, subject to the privacy measures described in our Privacy Policy.

9. Limitations and Exclusions

9.1 No Warranty

The Service is provided "as is" and "as available" without any warranties of any kind, either express or implied.
Actilynk solely provides a platform to facilitate event creation, registration, and payment. We do not guarantee the occurrence of any event, the availability of registration slots, or the accuracy of event details provided by Organisers. All event logistics, scheduling, cancellations, or other changes remain the responsibility of the respective Organiser or School.
While we strive to maintain and improve the Service, you acknowledge that the Software may contain bugs, errors, or other defects. We do not warrant or represent that the Service will be error-free or operate without interruption. You assume full responsibility for any consequences that may arise from the presence of such defects, to the extent permitted by law.

9.2 Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service.

9.3 Exclusions

Nothing in these Terms limits our liability for:
  • Personal Injury:Death or personal injury caused by our negligence.
  • Fraud:Fraud or fraudulent misrepresentation.
  • Unenforceable Liability:Any other liability that cannot be excluded or limited by law.

10. Termination

10.1 By You

You may terminate your use of the Service at any time by closing your account or contacting us.

10.2 By Us

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms.

10.3 Consequences of Termination

Upon termination:
  • Cease Use:You must cease all use of the Service.
  • Data Removal:We will remove your Data from our active systems in accordance with our Privacy Policy.
  • Outstanding Fees:Any outstanding fees become immediately due.

11. General

11.1 No Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce it later.

11.2 Privity

These Terms are personal to you and you may not assign or transfer any rights or obligations without our prior written consent.

11.3 Force Majeure

We are not liable for any failure to perform our obligations due to causes beyond our reasonable control, including natural disasters, war, or internet outages.

11.4 Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue to be in effect.

11.5 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England. You agree to submit to the exclusive jurisdiction of the courts of England in respect of any disputes arising out of these Terms.

11.6 Third-Party Conditions

Certain aspects of the Service may be governed by third-party agreements. By using those parts of the Service, you agree to comply with those third-party terms as well.

12. Privacy and Use of Personal Information

12.1 Acknowledgement

You acknowledge that you have read and agree to our Privacy Policy.

13. Contact Information

13.1 Contact Us

If you have any questions about these Terms, please contact us at: Email: [email protected] Address: 8 Lewis Road, Kent, UK